METALIMPEX VS LEVENTIS & CO. (NIGERIA) LTD
August 8, 2025G. A. OBANOR V. EHIGIE OBANOR
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11198
In the Supreme Court of Nigeria
Fri Feb 13, 1976
Suit Number: SC. 307/1974
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
OBASEKI, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
INTERNATIONAL DRILLING COMPANY (NIGERIA) LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent was dismissed from the appellants service without observance of clause 6 of the contract of service which provides inter alia, for two weeks notice or two weeks salary in lieu of notice.
HELD
The court held that the respondent was only entitled to the two weeks salary in lieu of notice and not more.
ISSUES
None.
RATIONES DECIDENDI
DAMAGES FOR WRONGFUL DISMISSAL
The plaintiffs appointment was governed by the contract to which he entered at the time of his appointment. If he had been given …notice before termination of his appointment, he would have had no claim whatever on the Corporation. But he was not given notice, and he is entitled to … salary in lieu of notice. That is all he can get as damages. OBASEKI, AG. JSC.
CASES CITED
De Stempel v. Dunkels (1937) 2 All ER 215
Western Nigeria Development Corporation v Jimoh Abimbola (1966) NMLR 381 at 382
Nigeria Produce Marketing Board v. A. I. Adewunmi Part 2 (1972) 1 All NLR 433 at 437
Beckham v Drake (1849) 2 H. L. Cas 579 at pages 607-608
STATUTES REFERRED TO
